1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

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11 Any Plaintiff, ) Case No.

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12 Plaintiff, )
NOTICE OF MOTION AND MOTION FOR LEAVE
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TO AMEND COMPLAINT; MEMORANDUM OF
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POINTS AND AUTHORITIES; DECLARATION
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OF_______; EXHIBITS
14 Any Defendant, and DOES 1-5 )
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Defendants. ) DATE:
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) TIME:
) PLACE
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To subscribe to my FREE weekly legal newsletter visit
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address. Be sure to remove this notice and all other notices before
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using this document.
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27 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the

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above-entitled Court located at ___________________________, Plaintiff ______will move this

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NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND COMPLAINT
 1 Court for an Order granting them leave to amend their complaint against Defendants.
2 This Motion will be made pursuant to Federal Rules of Civil Procedure 15 and 16 on the
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grounds that leave to amend should be liberally granted, and as the Court has not issued any pre-trial
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scheduling order stating a deadline to amend any pleadings that the more liberal standard of Federal
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Rule of Civil Procedure 15 should apply.

7 This motion is shall be based upon this Notice, the attached Memorandum of Points and

8 Authorities, the declaration of _________ and Exhibits attached thereto, the complete files and
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records of this action, and such other and further oral and documentary evidence as may be presented
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at the hearing on this Motion.
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13 Dated_________________________ _______________________________________
Any Attorney or Party
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NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND COMPLAINT
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Plaintiff filed their complaint against Defendants on _____________ with causes of action for
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______________________________________.

7 The original complaint was filed pro se, and as such was drafted by a layperson. In fact

8 counsel for Defendant ______ stated to Plaintiff that he was contemplating filing a motion for
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judgment on the pleadings. Plaintiff then informed counsel for Defendant ________that they intended
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to file a motion for leave to amend their complaint. See the Joint Status Conference Report filed with
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the Court on ________________
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13 At the Joint Status Conference on ___________ the Court scheduled the trial date for

14 _________________. The Court did not make any pre-trial scheduling order regarding any deadline
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for amended pleadings.
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Plaintiff contends that as the Court has not issued any pre-trial scheduling order stating a
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deadline to amend any pleadings that the more liberal standard of Federal Rule of Civil Procedure
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19 (FRCP)15 should apply.

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Be sure to modify this to suit your individual situation. Do NOT
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22 just use the wording here unless it definitely applies to your particular
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situation.
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28 to-amend-complaint-in-united-states-district-court
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NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND COMPLAINT